This is a short order staying criminal proceedings to allow verification of a compromise deed filed by the applicant without deciding on quashing.
criminal proceedings kept in abeyance for two months till verification of compromise.
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Neutral Citation No. - 2024:AHC-LKO:37074
Court No. - 15
Case :- APPLICATION U/S 482 No. - 4361 of 2024 Applicant :- Munna Sahu And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another
Counsel for Applicant :- Ram Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State as well as Shri Vishwas Shukla, learned Counsel appearing for respondent no. 2 who has filed vakalatnama which is taken on record.
Learned counsel for the petitioners submits that the dispute between the parties has been amicably settled outside the Court by way of compromise which is on record as Annexure No. 3 to the petition. It is further submitted that since the dispute has been settled outside the Court by the parties, the said compromise may be directed to be verified by the competent authority so that the impugned proceedings may be quashed in view of the law laid by the Supreme Court in the case of "Gian Singh Vs. State of Punjab, (2012) 10 SCC 303" as well as on the basis of said compromise and its verification report.
Learned A.G.A. as well as learned counsel for respondent no. 2 has no objection to this innocuous prayer.
In view of the above the parties are directed to appear before the learned trial court on 30.05.2024 along with the copy of original compromise deed, who shall verify the compromise in presence of the parties within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties.
For a period of two months, the proceedings of criminal case
No. 1548/2009, crime No. 326/2003, under Sections 452/323/504/506/324 IPC, P.S. Kakori, District Lucknow, pending in the Court of Additional Chief Judicial Magistrate VI, Lucknow shall be kept in abeyance.
In view of the above, the petition is disposed of.
Liberty to the parties is granted to approach this Court again for quashing of the proceedings on the basis of compromise and its verification.
Office is directed to return the original compromise as well as certified copies of the documents filed along with the petition to learned counsel for the petitioners as per Rules of the Court.
Order Date :- 15.5.2024 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
Munna Sahu And 3 Others
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
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